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(영문) 대전지방법원 논산지원 2017.02.10 2016고단648
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 18, 2016, the Defendant driven a Category C truck without a driver's license over about 2 km from the front of the Defendant's house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the front of the same side of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act requires strict punishment inasmuch as the Defendant committed the instant crime even though he/she had been subject to suspended sentence or a fine for the same kind of crime, etc.

However, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant reflects the mistake, that the previous criminal record was nine years, that the previous criminal record was a simple unauthorized driver, and that the defendant's age, environment, criminal records, relationship, circumstances after the crime, etc.

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